What are SEM directives?

Administrative circulars of the State Secretariat for Migration (SEM) which provide guidance to the cantonal migration offices on the application of federal law. Important circulars: Circulars LEI, Circulars VEP (Ordinance on Acquisition), Circulars AsylA, Circulars Swiss Citizenship Act. Available online at sem.admin.ch.

Are SEM directives legally binding?

Internally binding for the SEM and cantonal migration offices (administrative regulations). For the courts: not directly binding, but to be observed in the event of a reasonable interpretation (practice of the Federal Administrative Court). Citizens can invoke the guidelines insofar as they establish a consistent practice (protection of legitimate expectations, equal treatment).

Where can I find the latest SEM guidelines?

sem.admin.ch → ‘Legal basis’ → ‘Instructions’. Main categories: FNIA (general), OASA/AFMP (EU/EFTA), asylum, citizenship, biometric identity documents, travel documents. Versioning with date of entry into force. Note: SEM instructions are updated several times a year.

How do I cite SEM instructions in an appeal?

Format: ‘FNIA guidelines, section X.X.X (as of DD.MM.YYYY)’. When invoking legitimate expectations: document the specific section and the date of the version applied. In the event of a conflict between a guideline and the law: the court decides according to the wording of the law – the guideline can only be used subsidiarily.

SEM guidelines Switzerland — practice of the State Secretariat for Migration.

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Access to the labour market — Directives I, Section on Foreign Nationals, Chapter 3 (priority for Swiss nationals, quotas, wage comparison, trainees).
Asylum application assessment — Asylum Instructions, chapter on Art. 3 AsylA (refugee status).
Au-Pair permit — Instructions I, Foreign Nationals Department, Special Department (typically in the later chapters).
Escort permit — Special provision for escorts during medical treatment.
Advice and legal representation in asylum proceedings — free legal representation in accelerated proceedings (since the amendment of the Asylum Ordinance in 2019).
Citizenship (general) — Instructions under the SCA (the main document).
Diplomatic status — Instructions I, section on foreign nationals, special chapter on international officials, NGO staff, and special circumstances under international law.
Facilitated naturalisation — guidelines, SCA, chapter relating to Art. 21 SCA.
Family reunification — Directives I, Aliens Department, Chapter 4; for refugees, also Directives on Asylum.
Refugee status — instructions on asylum, recognition under Art. 3 AsylA.
G cross-border permit — Instructions I, Foreign Nationals Section, Chapter 8.
Hardship case (Art. 30 LEI/LStrI/FNIA) — Directives I, Aliens Department, Chapter 5.
Priority for nationals — Instructions I, Foreign Nationals Section, Chapter 3.
Integration — Directives I. Aliens section, integration-related provisions (proof of language skills, integration agreement, early settlement in the event of successful integration).
Variation in cantonal practice — there is no uniform document; SEM directives are generally uniform throughout the country, but cantonal enforcement practice may vary (see section 13).
L short-term permit — Instructions I, Foreign Nationals Section, Chapter 2 and Chapter 3.
C settlement permit — Directives I, Section on Foreign Nationals, Chapter 6.
Quotas / maximum numbers — Instructions I, Foreign Nationals Section, Chapter 3 (Art. 19/20 LEI/LStrI/FNIA, third-country nationals).
REAG/GARP — voluntary return — guidelines on return assistance; not in guidelines I, but in the implementation area (VERIFY place of publication).
S protection status (Ukraine) — Guidelines on asylum, with a dedicated section since March 2022.
Internship permit — Instructions I, Foreign Nationals Section, Chapter 3 in conjunction with the bilateral internship agreements (Switzerland–Canada, Switzerland–Australia, Switzerland–USA, and others – VERIFY the current list of agreements).
F provisional admission — Instructions on asylum and instructions for the foreign nationals section (interface, as status F is regulated in the Federal Act on Foreign Nationals and Integration, and the material requirements are set out in the Asylum Act).
Removal — instructions relating to asylum, enforcement; also instructions in the area of foreign nationals in cases of removal following revocation under the AIG.

SEM instructions — index

SEM Instructions — Index and Overview

4 answers on this topic.

4 statute citations, each linked directly.

1. What are SEM directives?

2. Where can I find the SEM guidelines?

3. FNIA Directives — Overview

4. AsylA Directives — Overview

5. SCA Directives — Overview

6. Hierarchy of directives and forms of publication

7. Subject Area Index (alphabetical)

8. Highly volatile areas of responsibility (frequent updates)

9. Comparison of Directives, Acts and Ordinances

10. How to apply removal orders? (purely factual)

11. Archive of directives — previous versions

12. SEM addresses (contact details)

13. Cantonal migration offices and coordination with the SEM

14. Cross-References

15. Anti-Scope (Limits of the SIP Representation)